Page:The New International Encyclopædia 1st ed. v. 05.djvu/394

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CONSTITUTION OF THE U. S.
334
CONSTITUTION OF THE U. S.

interfere with slavery in the States in which it existed, the institution was left within the complete control of those States.

In some of the States, great dissatisfaction was expressed at the absence of anything like a Bill of Rights in the Constitution, and for a time the fear was felt that certain of the States might refuse to ratify unless the Constitution were amended. Accordingly, the first Congress after the adoption of the Constitution proposed a series of amendments, which were promptly ratified by the States as Articles I.-X. of the amendments as they now stand. (See Rights, Bill of). Articles XI. and XII. speedily followed, in 1793 and 1803, respectively. From that date to the Civil War, no amendments to the original instrument were adopted. The three remaining amendments, Articles XIII., XIV., and XV., were adopted in 1865, 1868, and 1870, respectively, as part of the reconstruction policy of the Government after the Civil War, in order to secure to the lately emancipated slaves the legal and political benefits of full citizenship in the United States and in the several States. The character and effect of these amendments are considered in the article on Rights, Civil. See, also, Civil War; Reconstruction; Slavery.

It remains to be said, in conclusion, that, in speaking of the Constitution of a State, reference is made to the whole body of its fundamental law, whether embodied in written form or not. The Constitution of every active political community is the product of many agencies and influences, not merely of deliberate legislative action. That of the United States is no exception to this rule. The Constitution, as adopted in the early formative period of the Republic, and formally amended from time to time in the manner therein prescribed, has been more extensively amended by the insensible processes of use and custom, and by the far-reaching effects of judicial construction. As to the last, it may be said that the Constitution, in setting up a supreme judicial tribunal, with the function of passing upon the validity of national and State legislative action and of executive action, has indirectly provided for a process of amendment much more efficacious than that directly provided. The Constitution of the United States, as it exists to-day, therefore, must be looked for in the decisions of the courts and in the political practice of the people, as well as in the text of the original articles and their formal amendments. The leading authorities on the Constitution are: The Federalist; Elliott's Debates in Convention on the Adoption of the Federal Constitution; Curtis, History, Origin, Formation, and Adoption of the Constitution of the United States; Story, Commentaries on the Constitution of the United Stales (any edition); Cooley, Treatise on the Constitutional Limitations Which Rest Upon the Legislative Powers of the States; Von Holst, Constitutional Law of the United States of America (translation, Chicago, 1887); De Tocqueville, Democracy in America (translation, London, 1835); Bryce, The American Commonwealth (3d ed.), and the Cases on Constitutional Law of the United States, collected and edited by J. B. Thayer (Cambridge, Mass., 1894-95). See also, Constitution; Constitutional Law; Supreme Court of the United States. The text of the Constitution is as follows:

CONSTITUTION OF THE UNITED STATES.

We, the people of the United States, in order to form a mure perfect union, establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

Article I., Sec. 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Sec. 2. The House of Representatives shall be composed of members chosen every second year by the people of the several States, and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature.

No person shall be a Representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen.

Representatives and direct taxes shall be apportioned among the several States which may be included within this Union according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not exceed one for every thirty thousand, but each State shall have at least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose 3; Massachusetts, 8; Rhode Island and Providence Plantations, 1; Connecticut, 5; New York, 6; New Jersey, 4; Pennsylvania, 8; Delaware, 1; Maryland, 6; Virginia, 10; North Carolina, 5; South Carolina, 5; and Georgia, 3.

When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies.

The House of Representatives shall choose their Speaker and other officers; and shall have the sole power of impeachment.

Sec. 3. The Senate of the United States shall be composed of two Senators from each State, chosen by the legislature thereof, for six years; and each Senator shall have one vote.

Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one-third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the legislature of any State, the Executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies.

No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and